1 2025:CGHC:18386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3857 of 2022 1 - Rajkumari Gahre W/o Late Asharam Gahre Aged About 52 Years R/o Tilkapara, Ward No. 15, Nawagarh, P.O. And Tahsil Nawagarh, District Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, Bemetara (C.G.) 2 - Tahsildar Nawagarh, District Bemetara (C.G.) 3 - Sub Divisional Officer Nawagarh, District Bemetara (C.G.) 4 - Assistant Engineer Chhattisgarh, State Power Distribution, Nawagarh, District Bemetara (C.G.) 5 - Chairman C.G. State Power Distribution Company Ltd. Doongaji Colony Raipur District Raipur (C.G.) 6 - Shri Bajrang Power And Ispat Ltd. Having Its Office Village Borjhara, Urla Growth Center, Raipur, Tahsil And District Raipur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Ms. Sareena Khan, Advocate For State :- Mr. Khulesh Sahu, P.L. For Respondents No.4 & 5 :- Mr. Varun Sharma, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.24 11:01:36 +0530 2 23.04.2025 1. The petitioner, in this writ petition, has prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to allow this petition and direct to respondent no 4-6 peacefully remove electric pole and Tower from the land of the petitioner, which is put by them. 10.2 Any other relief(s) as the Hon'ble Court may be deemed to fit and proper in the facts and circumstances of the case.” 2. Facts of the present case are that the petitioner is holding a land bearing Khasra No. 392/5, Rakaba 0.2200 hectare situated at Kodia Road Tahsil Nawagarh District Bemetara, in which respondents No.4 to 6 have allegedly started putting Tower and electric pole upon the land of the petitioner without any permission of the petitioner. When the petitioner opposed them for putting Tower, electric pole in the land of the petitioner, then they started abusing, threaten her and her family. Thereafter, the petitioner has filed complaint before the Collector, Superintendent of Police Bemetara, but no any action has been taken by the concerned authorities till date. Hence this petition. 3. Learned counsel for the petitioner submits that without taking any consent, the electrical tower has been erected on the petitioner’s land and the compensation as required under the law has also not been awarded to her, hence, the petitioner has filed this petition 3 seeking direction to the respondent authority either to remove tower, electric pole or to give compensation as required 4. Learned counsel for the respondents No. 4 & 5 submitted that the electricity connection through towers are of national importance, however, due to non-cooperation of the petitioner, it cannot be finalised. The villagers are raising objection due to which the work of electricity connection while erecting towers are heavily affected, as such, some protection order may be issued so that it may not be disturbed by the concerned villagers along with the petitioners. He submits that there is no necessity at all to hear the petitioners as per Section 164 of the Electricity Act read with Sections 10 & 16 of the Indian Telegraph Act, as such, the contention of the petitioner is not being heard and is not in accordance with law. 5. Upon which, learned counsel for the petitioner submits that the petitioner is not raising any objection in erection of the tower, however, the respondent authorities are required to give her adequate compensation in respect of erection of electrical tower on her land and the respondents are also required to follow the guidelines issued by the Central Government time to time. 6. Learned counsel for the respondents submits that they have complied the guidelines issued by the Central Government strictly in accordance with law and they are not deviating from the same. 7. Considering the aforesaid aspects of the matter and the submissions made by the parties, the petitioner is directed to appear before the respondents No. 4, 5 & 6 raising her grievances 4 and, in turn, the respondent authorities may consider and hear the matter and pass appropriate orders with respect to compensation within a period of 3 weeks from the date of receipt of copy of this order. The petitioner is at liberty to approach before the appropriate authorities concerned, if she is dissatisfied with the amount of compensation. 8. With the aforesaid direction/observation, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha